Brinson v. Tharin’s Empirical Analysis
1930
Citation profile
65 state decisions
How this case has been cited
Cited by 65 later decisions — most recently April 2000 · most notably South Atlantic Steamship Co. of Delaware v. Tutson (1939), 477 So. 2d 566 - Jones v. State (1985)
65 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on First National Bank v. Gibbs · American Railway Express Co. v. Weatherford · Hunt v. City of Jacksonville · Jacksonville, Tampa & Key West Railway Co. v. Boy · Basnet v. City of Jacksonville
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 65 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It is only the common-law writ of certiorcu'i which may be issued by this Court to review the proceedings of the circuit court as an appellate court, and as that power is secured by the Constitution in this Court, it may not be extended, limited, nor regulated by statute. We have seen that the attempt to give it the effect of' a writ of error and transferring the appellate jurisdiction of the circuit court to this Court is futile. Second Weatherford case, supra. Likewise vain is the attempt to limit the issuing of a certiorari in the matter of time to a period within thirty days after the judgment of the circuit court. Palmer v. Johnson, 97 Fla. 479 , 121 So. R. 466. “The writ, confined to its legitimate scope, may issue within.the Court’s discretion at any time to correct the procedure of courts wherein they have not observed those requirements of the law which are-deemed to be essential to the administration of justice. It is important, however, that the Court should not broaden or extend the scope of the writ. “A judgment void for lack of jurisdiction of a proceeding characterized by a kind of tyranny in the failure to observe essential requirements should be subject to correction at the discretion of the Court vested with the power to issue the writ”.”
2 later decisions quote this exact passagee.g. State v. Katz · Edwards v. Knight“not for the purpose of determining whether the evidence was of sufficient probative force to sustain the verdict, nor to reconcile conflicting testimony, but to ascertain if a palpable abuse of the power to determine the controverted facts was disclosed... . ... . A judgment void for lack of jurisdiction or a proceeding characterized by a kind of tyranny in the failure to observe essential requirements should be subject to correction at the discretion of the court vested with the power to issue the writ.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.